Category Archives: justice

STATEMENT OF THE GLOBAL CAMPAIGN ON THE THIRD REVISED DRAFT OF THE BINDING TREATY ON TRANSNATIONAL CORPORATIONS AND HUMAN RIGHTS

7th of September 2021

Re: Release of the “third revised draft” during the negotiation by the Open-ended Intergovernmental Working Group on the elaboration of an international legally binding instrument to regulate the activities of transnational corporations (TNCs) and other business enterprises with regard to human rights

The Global Campaign to Reclaim Peoples’ Sovereignty, Dismantle Corporate Power and Stop Impunity (Global Campaign) notes the release of the third revised draft of the binding treaty, published on August 17, 2021. It is the result of the negotiation process started in 2014 with the adoption by the Human Rights Council of Resolution 26/9. This new draft emerges after the discussions held during the 6th negotiation session of October 2020 and the subsequent Matrix process of February 2021.

We are deeply concerned about the continuing hollowing out of key content, i.e., content that social organisations and affected communities view as critical. We hereby share our first impressions on the new draft and raise some procedural questions concerning the negotiation of successive “drafts”.

Although we note some positive changes in the third revised draft, these are mostly cosmetic, rhetorical and ineffectual. These superficial changes seek to increase the legitimacy of the proposed text, but, in reality, fail to solve the structural problems repeatedly highlighted by social movements and affected communities.


A change of direction in both content and procedure will thus be necessary to meet the objectives set out in Resolution 26/9 and to respond to communities subjected to human rights violations. It is unacceptable that the innumerable proposals for improving the draft presented throughout the negotiation sessions by representatives of the affected communities, social movements, as well as many experts and States to be omitted. The third revised draft is basically similar to the previous draft, despite the high number of concrete proposals that were made to improve it. This gives us the feeling of a lost year.


Moreover, the methodology used to revise the draft transparently considering the contributions of States and civil society organizations is a must. We appreciate the synthesis and mediation efforts of the Ecuadorian Chair Rapporteur. Nonetheless the negotiation has reached a point of maturity that requires a Member driven, open and transparent negotiation process facilitated by the Chair Rapporteur. This must ensure that the voices of civil society and affected communities are heard and taken into consideration by including the diverse text proposals in brackets during the session of negotiation. The objective of the session should be to achieve a new draft proposal of the IGWG and not just of the Chair. In short, to be true actors in the process, civil society must have both voice and influence.

In terms of content, we note once again that, following the approach presented in the previous drafts released by the Chair Rapporteur after the robust Elements Paper in 2017, and despite some positive elements, the new draft continues to present an ineffective and “toothless” instrument. We also note the use of vague, indeterminate and even non-legal concepts that may compromise the future interpretation and application of key articles.

As it stands, the draft instrument fails to meet the objectives established by Resolution 26/9, namely to regulate the activities of transnational corporations within the framework of international human rights law (in order to prevent human rights violations by TNCs and stop corporate impunity) and to ensure effective and comprehensive access to justice for affected peoples, individuals and communities. Furthermore, the current draft would not close the existing legal loopholes that allow and will allow TNCs to violate human rights with impunity and to escape liability for their actions. Without more innovative and ambitious provisions, the treaty risks becoming a new futile instrument aligned with voluntary frameworks that have already demonstrated their ineffectiveness.

Furthermore, the new text unacceptably continues a logic centered exclusively on States’ obligations, and fails to establish the direct obligations for transnational corporations, necessary to hold them directly accountable for the human rights violations they are responsible for. We are also concerned about the continued extension of the scope of the text to all business enterprises, including small and medium-sized enterprises. This dilutes the raison d’être of the binding treaty and the purpose set out in Resolution 26/9 (to address the particular obstacles to holding TNCs accountable), which clearly refers to transnational corporations and other business enterprises “with transnational character”.

Another element is the scope of prevention and legal liability of TNCs which focuses on weak provisions linked to due diligence, an inherently limiting concept. This risks a situation where TNCs escape liability as soon as they comply with due diligence processes.


We call attention to the lack of an unequivocal reaffirmation of the primacy of international human rights law over corporate, trade and investment law, the absence of a strong international enforcement and monitoring mechanisms (including an international tribunal) that would guarantee the effective implementation of the treaty, as well as the several remaining gaps in terms of inclusion and definition of global value chains, the piercing of the corporate veil, and addressing the bottom line of transnational corporate impunity.


At this stage, it seems clear that the Chair of the Working Group is steering the process towards the elaboration of a treaty emptied of its core content and focus on transnational corporations, with only generic provisions that rely on the capacity and political will of the States for their implementation and in line with corporate self-regulation. This confronts us with a text overly accommodating to the requests and interests of the corporate sector and their political allies.


This being said, the Global Campaign will continue its strong engagement in the negotiations with the unyielding intention to com up with a truly binding treaty worthy of its name and capable of becoming a bulwark against the power of transnational entities that lay claim to being the engines of our economies while they violate human rights and destroy our natural environment with impunity. In line with these commitments, the Global Campaign will, if necessary, oppose the adoption of a treaty whose content has been watered down and risks becoming a “normative trap” that closes the door on truly effective reforms in the coming years.


Contact:

Júlia García, facilitation@stopcorporateimpunity.org

Raffaele Morgantini, contact@cetim.ch

Erika Mendes, erikasmendes@gmail.com

Where is Ibrahimo?

7 September 2021

Today, the 7 September 2021 has been exactly 17 months since Mozambican journalist Ibrahimo Abu Mbaruco disappeared in Cabo Delgado. His last message was to a colleague saying that the army was coming towards him.

Ibrahimo worked for Palma Community Radio and had been reporting on the violence in the area. Since then, what effort has the government put into finding him and bringing him back to his family? Absolutely nothing.

Since 2017 Cabo Delgado has been ravaged by a fatal conflict between insurgents, the Mozambican military, Russian and South African mercenaries and now the Rwandan and South African armies as well, that has created 800 000 refugees. This violence is deeply linked to the gas industry that has exploded over the last few years. The industry is headed by Total (France), Eni (Italy) and ExxonMobil (US), and is one industry filled with a great amount of treachery in the Mozambican and other states involved, which forms part of the corruption trial currently in the Mozambican courts.

Over the last few months several media outlets have arrived in Cabo Delgado, after at least three years of the area being closed to international journalists.

It is a good thing that Mozambican and international media has finally been allowed there, since free media is a crucial part of any democracy. However, journalists who actually live in Cabo Delgado and were the first to report on the happenings since 2017, have not been allowed to work in the conflict areas, unless they are from state-owned media outlets.

In an article in O Pais 26 August, Cabo Delgado-based journalist Hizidine Acha wrote that journalists from the area are being humiliated by having to report on the topic from a distance, even though they are the ones who know the terrain and the local language. They fear that the lack of reporting in local languages might lead to disinformation among the communities. The article quotes journalist Emanuel Muthemba as saying, “Journalists from here have to be on the front line, because we have basic knowledge about the reality of the province, the people and the languages spoken by the population, which is very important,”; and journalist Assane Issa says “speculation grows that we are not capable of doing this type of coverage – that only those from the country’s capital are. But this is not true, because we are the ones who have been reporting on the daily life of the province.”

In fact, the article continues saying that recently 20 local journalists were invited to cover the conflict, but for reasons they were never told, were never actually able to leave Cabo Delgado’s capital and largest city, Pemba.

But even if they were able to report, the government has made it clear that they will not make it easy. On 11 April, on the ‘Day of the Mozambican Journalist’, even though his general rhetoric has been about free press, President Felipe Nyusi sent a document to O Pais, saying, journalists must report with “rigour, professionalism and patriotism”. He said “the Mozambican journalist should not be a reproducer of wishes contrary to our unity.” And he followed this in May saying that journalists have to be “disciplined”: “To have discipline is to report only the truth, to combat fake news and not to incite violence and hatred.”

This is not freedom. This is a threat. This is saying that journalists have the ‘freedom’ to write or to film or to record for radio, as long as this is in aligned with the state’s narrative. Or else.

The public media and many international journalists are reporting on the violence in the province as only a humanitarian issue created by violence caused by insurgents, and not on how many of these refugees were actually already displaced from their villages, and had lost everything, because of the Afungi Liquid Natural Gas (LNG) Park that Total is building to house the support facilities for the industry. Reporting in this way allows the gas industry off the hook for the part they have played in this humanitarian crisis and conflict, including how Total has left the displaced communities who were relying on them for compensation and aid with nothing as they pulled out of the country when claiming force majeure.

International journalists are protected by having foreign passports. But who is protecting local journalists from non-state outlets, like Ibrahimo, or like Amade Abubacar from the Nacedje Community Radio who was arrested, tortured and held without charge for 3 months in 2019 after interviewing a group of displaced people? Or the journalists of Canal de Moçambique whose office was bombed in 2020 after exposing corruption between the government and gas companies?

In April 2020, Reporters Without Borders and 16 other press freedom organisations wrote an open letter to President Filipe Nyusi, who ignored it, just like the military and relevant government officials did not even bother to respond, and the police treated it like a joke. On 8 June 2020, Ibrahimo’s brother contacted the local police to inform them that he had called Ibrahimo’s phone and it rang. He reported it to the public investigators responsible for finding him, the National Agency for Criminal Investigations. They promised they would look into it, but since then there has been silence.

But we must not stop fighting!

In January, the African Union (AU) launched the Digital Platform for Safety of Journalists in Africa. At the launch, South African President Cyril Ramaphosa, who was AU chairperson at the time said: Media freedom “requires that we rigorously defend the right of journalists to do their work, to write, to publish, and to also broadcast what they like, even if we disagree with some or all of it.. The digital platform for the safety of journalists in Africa is an important tool in promoting the safety of journalists and other media workers across Africa.”

Now they must put their money where their mouth is, by holding the Mozambican government accountable for its violent media oppression and pressurise it to stop, and they must recognise how part of this oppression is to protect the gas industry. The platform was supported by the United Nations, and both they and the AU have the responsibility to find out what has happened to Ibrahimo, and must use their power to do so.

It is clear that Mozambican journalists cannot rely on their state for their protection – the very people who are obliged to protect them, but sadly are reliant rather on non-governmental organisations and media groups – both international, and local, who themselves are putting their safety on the line just by speaking out. When journalists are told they need to report with “patriotism” and “discipline”, it is clear that, just as history has shown, they cannot know that they are safe. They cannot know their colleagues will not be arrested and tortured or that their offices won’t be attacked. They cannot know that they, too, will not disappear and be another Ibrahimo.

We must not stop pushing to find out, where is Ibrahimo?

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PRESS RELEASE

Historic process continues at the UN: States resume substantive negotiations on the text for a binding treaty on transnational corporations with respect to human rights

28 October 2020, Geneva:

Amidst the challenges of the Covid-19 pandemic, the United Nations (UN) Open Ended Inter-governmental Working Group (OEIGWG) enters its sixth round of negotiations on a treaty on “transnational corporations and other business enterprises with respect to human rights,”1 from 26 -30 October. UN member states will negotiate a second revised draft of this groundbreaking treaty, which aims to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations.

Interest in the process continues to grow as evidenced by the significant presence of UN member state delegates taking part in negotiations.

The Global Interparliamentarian Network (GIN) has issued a statement in support of the UN Binding Treaty urging “states to actively engage in this UN process and to work towards an effective and legally binding instrument, to ensure that people´s dignity enshrined by universal political, economic, social and cultural rights, is prioritised and guaranteed worldwide over private profits.”2

Mayors and City Council Members of cities including Barcelona, Strasbourg and, Paris have issued a call to local authorities around the world to support the UN Binding Treaty on Transnational Corporations and Human Rights.3

The continued presence each year since 2015 – the start of this process – of hundreds of representatives from affected communities, civil society organisations, trade unions and social movements makes it one of the most strongly supported in the story of the OEIGWG. This year, however, due to COVID19 restrictions, physical presence in Geneva is limited, although remote participation has been enabled through various online platforms. In this context, the Global Campaign to Reclaim Peoples Sovereignty, Dismantle Corporate Power and Stop Impunity (Global Campaign)4 together with the GIN hosted a virtual Press Conference (full recording here) with high level political and civil society actors.

Leïla Chaibi, Member of the European Parliament, France insoumise (GUE/NGL) remarked :

“Today there is no Binding International Treaty that protects people, but there are treaties that protect the investments of large corporations. Thanks to initiatives such as the Toxic Tour, I was able to see how these companies destroy health and communities in Mexico. The EU has had no problem signing free trade agreements with third countries and this is deeply unfair. Along with many of my deputies, we continue to ask that we cannot put ourselves in the sidelines in the face of these human rights violations by transnational corporations.”

Charles Santiago. Member of the Malaysian Parliament. Chairperson of ASEAN Parliamentarians for Human Rights stated:

“At present, 43 million people have been infected by the Corona virus and more than one million have died. It is a catastrophe. Developing a Covid-19 vaccine is critical and has to be a global public good. Prices and profits need to be regulated. Intellectual Property Rights (IPR) provisions in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement need to be suspended to allow patent production of generic and bio similar products.

Transnational corporations (TNCs) and rich countries are refusing to suspend IPR provisions because, they claim, it would undermine patent protection. A global mechanism must be developed to regulate big pharmaceuticals on prices, profits and IPR. Transnational corporations’ ‘business as usual approach’ which prioritises profit during a global pandemic is not politically sustainable. The UN Binding Treaty is the best place to reset and enhance accountability of TNCs.”

Dr. Manoela Carneiro Roland. HOMA’s Coordinator (Human Rights and Business Center) Prof Federal University of Juiz de Fora, Brazil stated:

“We must regulate transnational corporations. This implies establishing direct obligations for them. Transnational companies already have rights established in the 3,000 plus signed investment agreements. We need to transform the paradigm of due diligence because it is a framework that erroneously leaves the task of self-monitoring to companies. We must establish effective control mechanisms, such as an International Court that has competence to judge transnational companies.”

Keamogetswe Seipato. Coordinator of the Southern African Campaign to Dismantle Corporate Power. Alternative Information & Development Center (AIDC), South Africa. claimed:

“We have to reduce or limit the power of companies. The African continent is a breeding ground for human rights violations. The primacy of human rights must be respected. It is a question of underlining the need for companies to be accountable because they cannot come to our countries to expand and neglect the main Human Rights Conventions. We must remember that the UN Binding Treaty must be a mechanism to help communities access redress for human rights violations – one that provides both the assistance and support affected people need.”

(1) This mandate is a result of resolution 26/9 adopted by the Human Rights Council in 2014. Official page: https://www.ohchr.org/en/

(2) Global Interparliamentarian Network in support of the UN Binding Treaty is formed by more than 300 members of parliaments from all over the world. https://bindingtreaty.org

(3) https://bindingtreaty.org/

REPORT RELEASE

Gas in Mozambique: A Windfall for the Industry, a Curse for the Country

Today JA!, Friends of the Earth France and Friends of the Earth International have released a report which exposes deep French involvement in the gas industry in Mozambique. The report, entitled Gas in Mozambique: A Windfall for the Industry, a Curse for the Country, details how the French government, its banks and corporations are part of a web of state corruption, arms deals, human rights violations and economic diplomacy, all in the interests of a $60 billion industry that has left destruction in its wake before a single drop of liquid natural gas has even been extracted.

The report shows how the French State, major private banks including BNP Paribas, Société Générale and Crédit Agricole, and fossil fuel giant Total, are some of the greatest beneficiaries of the devastating impacts of the industry in the northern province of Cabo Delgado.

JA! works closely with local communities directly facing these impacts on a daily basis. We have seen entire villages uprooted from their homes, fisherpeople moved many kilometres from the coast, and their struggle and heartbreak at losing the land and sea that has been their livelihood for generations.

We have been present with them as they try to speak up in meetings where Total brings the news of their coming difficulties and losses, but have their voices suppressed. They have told us of their nightmarish fear of insurgents who have terrorised the region with violent and fatal attacks, and of the heavy-handedness of the military that has been deployed to protect the industry.

The report includes detailed and up-to-date information from the ground, and divulges the depths to which the French public authorities have gone to ensure their economy, bankers, fossil fuel and arms industry are the greatest profiteers of the gas exploitation, even it it means devastation of the local environment, lives, economy and climate.

With this report, JA!, Friends of the Earth France and Friends of the Earth International call for the French state, banks and fossil fuel companies to withdraw from their involvement in Mozambique, stop the country’s dependence on fossil fuels and cease corrupt diplomatic dealings which are leaving the Mozambican people, and the planet, in a state of hardship and chaos.

“France is determined to ensure that this gas windfall benefits first and foremost its own transnational corporations, even if this means sowing chaos for Mozambique and setting off a climate bomb equivalent to seven times France’s annual greenhouse gas emissions. Neither the French government, nor Total and its bankers, seem concerned about the impacts this will have in fuelling climate crisis, local conflict, corruption and human rights violations.”— Cécile Marchand, Climate and Corporate Justice Campaigner at Friends of the Earth France

“The fossil fuel industry is peddling a lie that gas can be part of the clean energy transition. In reality, this so-called transition in Mozambique has meant a shift from freedom to human rights violations, from peace to conflict, from communities living well through farming and fishing to starving populations deprived of their livelihoods. The gas rush, which is exacerbating the climate crisis and benefiting only transnational corporations and corrupt elites, must stop.”— Anabela Lemos, Director of Justiça Ambiental (JA!)/Friends of the Earth Mozambique

LINKS TO THE REPORT

English Executive Summary: https://www.foei.org/resources/gas-mozambique-france-report

Relatório Português: https://www.foei.org/wp-content/uploads/2020/06/Gas-Mocambique_Portuguese.pdf

French report: https://www.foei.org/wp-content/uploads/2020/06/De-l-eldorado-gazier-au-chaos_Gas-au-Mozambique_Amis-de-la-terre_rapport_FR.pdf

For enquiries

For press enquiries, please contact:

Cécile Marchand, Friends of the Earth France, cecile.marchand@amisdelaterre., +33(0)669977456

Daniel Ribeiro, Justiça Ambiental, daniel.ja.mz@gmail.com, +258842026243

Friends of the Earth International, press@foei.org

Justiça Ambiental entrevista a Organização de Trabalhadores de MoçambiqueCentral Sindical, por ocasião do 1 de Maio, Dia Internacional do Trabalhador

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Entrevista a Damião Simango, membro do secretariado, responsável pelas relações internacionais e porta-voz da OTM-CS

Justiça Ambiental (JA!):

Caro Damião, obrigada por esta oportunidade de conversa. Sabemos que a Organização dos Trabalhadores de Moçambique – Central Sindical (OTM-CS) é a maior entidade representativa dos trabalhadores no país. Pode nos falar um pouco do que é a OTM e como se estrutura?

Damião Simango (DS):

A OTM é a central sindical mais antiga e mais representativa de Moçambique. Estamos em todas as províncias e em alguns distritos. Congregamos diversos sindicatos nacionais (15) que incluem o sindicato dos funcionários do estado, e também a associação dos trabalhadores da economia informal. No total, e pelas estatísticas de 2018, somos cerca de 145 a 150 mil membros. Na sua estrutura, a OTM também tem uma estrutura representativa das mulheres e outra dos jovens.

Existem outros sindicatos independentes, como o dos professores e jornalistas. Outra importante federação sindical é a CONSILMO, a Confederação Nacional de Sindicatos Independentes e Livres de Moçambique.

JA!:

Qual é a vossa missão?

Damião Simango (DS):

A OTM é uma congregação que dá a voz aos trabalhadores em Moçambique. Lutamos pela defesa e promoção dos nossos direitos e interesses sócio-profissionais, junto às entidades empregadoras e através do contacto permanente com organizações do Estado e outros actores sócio-profissionais e económicos.

JA!:

Indo directo ao assunto, aproximamo-nos do dia do trabalhador, 1 de Maio. Na situação em que vivemos actualmente, devido à pandemia do COVID-19 e as medidas tomadas para tentar contê-la, de que forma o trabalho da OTM é afectado por esta situação?

Damião Simango (DS):

Esta situação impacta-nos de muitas formas. Por exemplo, em condições normais, nesta altura provavelmente estaríamos nas negociações em torno do salário mínimo, mas estas foram suspensas por causa do COVID-19. Estas negociações estão previstas por lei, que prevê que anualmente deve haver um reajuste nos salários mínimos.

Claro que, por um lado, podemos compreender a fragilidade das empresas neste momento devido à pandemia, no entanto, a nossa preocupação é o trabalhador. Gostaríamos de, em contrapartida, particularmente durante a pandemia, ter a garantia da manutenção dos postos de trabalho e pagamento dos salários.

Devemos notar que, apesar de não se aumentarem os salários, a pressão sobre os salários já baixos dos trabalhadores aumentou – não só devido ao incremento dos preços dos produtos essenciais, como também pelo surgimento de novas demandas e despesas extraordinárias, como as máscaras, materiais de limpeza e higiene, etc.

JA!:

E quais são as vossas principais preocupações face ao cenário actual?

Damião Simango (DS):

Neste momento da pandemia, o que mais nos preocupa é o futuro dos trabalhadores. Em Moçambique não temos, por exemplo, um subsídio de desemprego ou uma segurança de rendimento para estas situações, principalmente para os grupos mais vulneráveis. Apenas o subsídio de emergencia básico previsto pelo INSS (Instituto Nacional de Segurança Social), e o subsídio de acção social previsto pelo INAS (Instituto Nacional de Acção Social), que varia entre Mts 540 e Mts 1050. Portanto se esta situação se prolongar por mais 3-4 meses, o que isto vai significar para os trabalhadores? Isto preocupa-nos muito, devido ao impacto que provavelmente terá nos trabalhadores e, consequentemente, na sociedade. Alguns impactos disto poderão ser um intensificar da pobreza, desigualdade, violência doméstica, criminalidade, entre outros.

JA!:

Recentemente, um grande número de organizações e indivíduos da sociedade civil, incluindo a OTM-CS, publicou um documento de posicionamento a respeito do Estado de Emergência. Este documento contém algumas propostas concretas para o governo, incluindo na área de emprego e protecção social. Quais são as vossas demandas neste momento? (Este posicionamento pode ser consultado em: https://aliancac19.wordpress.com/)

Damião Simango (DS):

De forma ampla, nós exigimos que o governo desempenhe o seu devido papel de protector social, que se torna mais urgente que nunca devido à situação de crise. Queremos que não sejam tomadas nenhumas medidas sem que se pense concretamente como é que os grupos sociais irão implementá-las, em particular as camadas mais vulneráveis.

O INSS tem evoluído bastante nos últimos tempos. Por exemplo há alguns anos, para se registar no INSS, teria que ser através da entidade empregadora. Isso já evoluiu, agora o trabalhador informal pode se registar no INSS de forma independente. Mas é preciso continuar a evoluir, principalmente no sentido de ampliar a abrangência da protecção social, que alcança ainda poucas pessoas, e adoptar medidas concretas para lidar com esta crise.

Sabemos que os empresários tudo farão para proteger as suas empresas, e alguns poderão até mesmo aproveitar-se desta crise para lograrem outros intentos que em condições normais não poderiam. Temos noção que a CTA (Confederação das Associações Económicas de Moçambique) tem um grande poder de influência sobre o governo, e já há tempos que temos observado uma pressão por medidas que contribuem para a precarização do trabalho e do trabalhador. No entanto, temos que perceber que as medidas propostas pelas empresas e demais entidades empregadoras não serão suficientes para lidar com esta crise, é fundamental que o governo intervenha com medidas de protecção social. O que nós exigimos, portanto, é que o governo possa dar uma resposta concreta a estas questões, e que as medidas negociadas não sejam em qualquer circunstância em detrimento dos direitos dos trabalhadores e da sua protecção social.

JA!:

Esta crise causada pela pandemia COVID-19 vem evidenciar também uma série de outras crises, de desigualdade, pobreza, precariedade do trabalho, etc, tanto a nível de Moçambique como a nível global. Como é que vê a interligação destas crises com o sistema sócio-económico predominante, o capitalismo neoliberal?

Damião Simango (DS):

As crises são oportunidades – isto pode até soar mal, mas é verdade. As oportunidades apresentam-se de diversas formas, e esta é uma delas. Temos a oportunidade de repensar o papel do Estado e, de forma mais ampla, o modelo de desenvolvimento que seguimos. Antes, a maioria das pessoas estava convencida que este modelo, por ser o mais praticado actualmente, é o que responde às nossas necessidades. Agora é hora de despertarmos, e percebermos que este modelo não nos serve. E foi, neste caso, o sector da saúde que evidenciou isto – vemos milhares de mortes nos Estados Unidos, principalmente da população mais pobre, porque têm um sistema de saúde privado.

Precisamos de resgatar um papel fundamental do Estado, que é o seu papel protector da sociedade, garantindo a sobrevivência do seu povo. Este papel, que tem sido fragilizado devido ao modelo económico vigente, não se pode perder. É agora o momento ideal para o Estado desempenhar o seu papel protector, independentemente das pressões impostas pelo sistema de mercado.

Sabemos que o sector empresarial conta com forte apoio, fundos e especialistas para defender as suas posições. Nós não contamos com o mesmo apoio – mas sabemos o que queremos! Queremos a sociedade e os trabalhadores protegidos pelo Estado. Não haverá qualquer saída viável, justa e produtiva desta crise sem os trabalhadores.

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Muito obrigada pela vossa disponibilidade para conversar conosco, e estamos em solidariedade com a vossa luta!

 

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Justiça Ambiental (JA!) Celebrates Human Rights Day with the Launch of 2 Case Studies

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On the occasion of International Human Rights Day, commemorated on 10 December, the date marking the adoption and proclamation of the Universal Declaration of Human Rights, JA! launched two important case studies. These publications expose some of the continuing human rights abuses and violations that agricultural communities are subject to in Mozambique, as well as the difficulties that they face in claiming their right to information, land, food and demonstration. They illustrate the difficulty in the exercise of the right to say NO, and above all, the right to a dignified life.

These case studies also highlight the difficulties faced by civil society in their legitimate search for information – a right provided and safeguarded by law. Through these two examples, we intend to denounce the banality and regularity of violations of the law, and the weak capacity and political will to implement them, in our country.

One of the case studies “Jindal – An example of Corporate Impunity” concerns the Indian company Jindal’s open-pit coal mining project in Tete, which began exploration in 2013 without making the EIA (Environmental Impact Assessment) and its respective environmental license duly available to the public. The company began operating without relocating the Cassoca community, which found itself surrounded overnight by a Jindal fence. Their territories were usurped to make way for coal exploitation, and families were thereafter forced to coexist with the constant explosions and resulting dust, and polluted waters. Even their freedom of mobility was restricted as they were required to pass through a gate controlled by Jindal, sometimes even during restricted hours. If these are not serious human rights crimes, what are they?

JA! appealed to the courts to have the rights of these families recognized. It all began with a letter to the National Directorate of Environmental Impact Assessment (DNAIA-MICOA) unsuccessfully requesting copies of the Environmental Impact Assessment Report and its respective Environmental License. Numerous requests, complaints and letters to various agencies followed, and after nearly 4 years of legal battle, in June 2018 and in response to the appeal submitted by JA! to the First Section of Litigation of the Administrative Court, Jindal was ordered to relocate the Cassoca communities by December 2018. The resettlement process only began in March 2019, and the new homes are not yet in suitable condition.

This case highlights the numerous difficulties and challenges faced by both local communities and civil society organizations seeking to protect and promote human rights. It shows how justice is not within the reach of all Mozambicans, and especially those in the most disadvantaged and vulnerable social strata.

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The second case “Land and Conflict – Land-grabbing in the Cocomela irrigated area of ​​Namaacha Village” deals with land conflicts in the Cocomela irrigated area in ​​Namaacha village. JA! received a complaint and request for support to stop a peasant land-grabbing process being carried out by the Namaacha Municipality.

We have been working constantly with land-grabbing issues in rural areas, mostly related to foreign investment, and often with government sponsorship. But this case struck us as unusual – why was the Municipal Council grabbing land from its own citizens? When we started investigating the issue, we found that the complaints were indeed well-founded, and the case deserved seriousness and support.

In 2010/2011, JA! in conjunction with UNAC (National Peasant Union), made a preliminary analysis of the land-grabbing landscape in some provinces of Mozambique, and launched the study “The Owners of the Land”. This study confirmed several illegalities in the processes of peasant land-grabbing, as the Mozambican Constitution and Land Law provide the necessary tools to protect customary land rights. We believe that in addition to the huge difficulties in implementing the law, there is also a poor understanding of the law itself, especially at government level. Time and again we have heard that the land belongs to the State, and as such belongs to the Government. This is wrong: the State is the Mozambican people, not the Government. This false but surprisingly convincing premise is the starting point for many of the land conflicts in Mozambique today.

Human rights violations like these happen routinely in our country. We believe that we can only truly combat poverty and so many other problems that plague the country by reflecting on these conflicts, and seeking inclusive, effective and real ways to solve them. Our government denies that there are cases of land-grabbing in Mozambique. If we continue to turn a blind eye to serious human rights violations such as those described in these two cases, we will continue to foster an enabling environment for increasing inequality, violence and crime, unemployment, and environmental destruction. If we continue to deprive most Mozambicans of access to comprehensive and impartial justice, the promotion and protection of human rights in Mozambique will remain a mirage.

To access the studies email: jamoz2010@gmail.com

Plantations are not FORESTS! And in Africa we know what forests are!!!!

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Justiça Ambiental has been following, for about 9 years, with much concern and indignation, the promotion and establishment of eucalyptus monoculture plantations in the country. It has paid particular attention to the plantations of Portucel, Navigator Company and Green Resources, the size of the area granted, and the negative social impacts that both have caused, which are already evident and documented.

In recent years, JA! has maintained contact with the rural communities affected by both companies and has unsuccessfully denounced the irregularities and numerous conflicts that exist with the companies concerned and government authorities, through letters, petitions and requests for meetings. JA! has also requested access to the processes of acquiring Land Use titles (Direito de Uso e Aproveitamento de Terra: DUAT) and Environmental Performance Reports, which constitute information of public interest and nature, but these companies have never offered to share or publish these. Finally, JA! very recently obtained access to the numerous processes for the acquisition of Portucel’s DUAT by means of a court action through Judgment 09 / TACM / 2019. We remain without access to Portucel’s Environmental Performance Reports because it “refuses” to share these. In May of this year, Justiça Ambiental, the Academic Action for Rural Development (ADECRU) and the World Rainforest Movement organized the “Sharing of experiences and resistance among communities affected by Monoculture Plantations” in Quelimane with community representatives from Nampula, Zambezia, Manica and Sofala provinces affected by monoculture plantations and rural communities struggling to protect their forests and natural resources. This meeting was preceded by visits to the communities affected by Portucel, where those present, members and leaders of these communities, reiterated their dissatisfaction with Portucel’s actions, with the numerous promises made during the community consultations as a way deceive the communities into giving up their land, promises that remain unfulfilled until today. Portucel was invited to the meeting so that we could, together with representatives of the affected communities and representatives of the provincial government, share the numerous complaints and discuss possible solutions. However, Portucel apologized and did not send a representative to attend but made sure to send someone to report on what was discussed, so they have full knowledge of what was discussed and how dissatisfied these communities are. The provincial government was represented and heard all the complaints, but also evaded the matter.

It is quite despicable to note through a news article published in “Clubofmozambique” that World Wildlife Fund (WWF), a huge international non-governmental organization that works on environmental issues, recently organized a debate on “Planting sustainable forests in Africa” that no more than gives companies such as Portucel a green seal once again, despite numerous studies and reports demonstrating the numerous problems this type of plantation brings, and in this case the numerous impacts of Portucel in Mozambique. It is unacceptable that it gives a ‘green seal’ to plantations, with a masked and misleading speech that intends to spread the belief that they are planting forests, leading those most inattentive to even believe that they are supporting concrete action to mitigate the effects of climate change. It is indeed misleading and problematic to completely disregard the systematic appeals of the communities affected by Portucel, as it is unacceptable to use its brand and the image of the harmless Panda to lead people to believe that large-scale monoculture plantations are somehow beneficial for mitigating the impacts of climate change. It is also equally unacceptable for WWF to position itself in this way, giving the green seal to companies with so many complaints against them and that are causing so many impacts, knowing that so many NATIONAL organizations have been working on this issue for many years and that it is quite problematic, and that NATIONAL organizations do not have a unanimous position on monoculture plantations… this corporate act is shameful!!!

Why should Africa lead the fight against corporate power?

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After a brutal colonialism that lasted for tens of centuries, in recent decades Africa has become a stage for an intense land and resource grabbing carried out by the lethal alliance between large transnational corporations (TNC’s) and the political elites of the continent.

Thanks to it’s economic power – anchored in the political power of governments, elites, and financial institutions of the global North – TNCs have been able to shape markets, governments, communications and legislation to suit their interests. These corporations are already more powerful than many States and, in fact, out of the 100 largest economies on the planet, 69 are companies and only 31 are States!

Discussing the power and the impunity of large corporations is particularly important to our African context due to a number of factors:

First, because the corporate capture (or should we call it recolonisation?) of our governments by large TNCs of the global north is currently one of the main threats to our sovereignty. Often made possible by the policies of institutions such as the World Bank or the International Monetary Fund (and their structural adjustment programs, austerity measures, and other neoliberal packages), this promiscuity between African rulers and TNCs results in very high costs for the environment, for the majority of the population and for our young and fragile democracies. A neo-colonialist dynamic prevails in Africa, as we continue to observe the same mechanisms of dependence on foreign capital, exportation of raw materials and importation of manufactured goods between African countries and industrialized countries + new emerging powers. Understanding the ways and means used by TNCs to interfere with and undermine the political agenda of African countries is, therefore, critical to understanding the broad phenomenon that is the corporate capture of our decision-making spaces.

Secondly, Africa’s historical, social, cultural and economic contexts make the impacts of corporate power in the continent particularly acute. In a continent where the vast majority of the population is rural (about 70%), and where small-scale farmers produce up to 80% of all the food, the land and resource grabbing by TNCs is a threat to our food sovereignty, to our traditional and millennial knowledge and customs, and a severe attack on the human dignity of millions of people already in vulnerable situations. Africa’s traditional rural populations are both mutually dependent and protective of nature. Numerous studies show that traditional practices and knowledge are most effective for protecting and restoring the environment while, in contrast, industrialized agriculture and extractivism are having an overwhelming impact on our rivers, forests and ecosystems. In the agricultural sector, foreign donors are exerting enormous pressure to try to convert Africa’s predominant family farming model into profit opportunities for the global agri-business sector.

Furthermore, as we examine the continent’s circumstances, it is essential to take a close look at the intrinsic dynamics of oppression and exploitation of certain social groups by others. In particular, patriarchy and gender oppression, which are well rooted in the social dynamics of most African countries, are a constant impediment to achieving a just and egalitarian society. It is in patriarchy that neoliberal capitalism finds fertile ground to proliferate as it feeds on and depends on these power imbalances within a society. A gender-based division of labor that makes women –particularly those of lower class – free providers of a variety of care services (for children, the elderly and the sick), is a convenient tool for the extractive economy.

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Thirdly, the climate crisis we are experiencing reminds us that in order to solve the greatest challenges of our time we need to address the structural and systemic causes behind these crises. It was the northern industrialized countries that, in their race for development, emitted the most CO2 into the atmosphere – the great catalyst for climate change. However, this crisis’ greatest injustice lies in the fact that the peoples of the global South (therefore those who have contributed the least to it) are the first to suffer its impacts, and those who will be hit the hardest.

In Africa, the climate crisis is not a problem of the future – it is happening now, in a brutal, oppressive and highly unequal manner. It is therefore crucial that African civil society demand that their governments be aligned with the real needs of their people, not with the unlimited greed of corporations profiting from the exploitation and burning of fossil fuels. This greed is fundamentally incompatible with the search for real, fair and inclusive solutions to this crisis.

And fourthly, we urgently need to deconstruct the narrative that Africa is a poor continent in need of help – a narrative that greatly benefits the maintenance of a North-South dependency status quo. This dangerous, long repeated and commonly accepted premise both inside and outside the continent, paves the way for all sorts of “market solutions” as corporations are seen as the major promoters of progress and development. Africa is not poor – it is a rich continent whose wealth has been historically assaulted by the great imperialist and colonialist powers, century after century. Recent studies indicate that illicit financial outflows from the continent total US$50 billion each year, a figure that has been growing since the beginning of the century. This is far more than the total of foreign aid that the continent received during that same period!

This capital flight can take many forms, from product or human trafficking, to tax evasion or price transfer, among others. This means that an absurd amount of wealth generated in Africa is being diverted off the continent without a trace and, therefore, without being subject to taxation that could be used to improve social infrastructure and the living conditions of the population.

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In general, the expansion of capitalism, especially in its neoliberal form, brought about an exacerbation of social inequalities and the deepened exploitation of certain social classes by others. Despite claims that globalization and free trade would be the solution to all problems, we are witnessing the exact opposite: the architecture of free trade is intrinsically contradictory to human rights legislation as it seeks to erode and weaken the role of the State – which by definition is primarily responsible for the promotion and protection of human and peoples’ rights.

However, important movements have emerged as a counteroffensive to the supremacy of corporate power on the global stage, in a more or less articulate manner. Several organisations and social movements around the world have been denouncing and exposing the impacts of corporate encroachment on their territories, bringing criminal corporations to court, resisting free trade agreements, creating more just and egalitarian cities and societies, defending the right to say NO to destructive projects, and showing that the solutions to the crises we are experiencing cannot be built using the same logic of the market – they must come from collective constructions based on respect for human rights and nature.

An interesting response to this threat, posed by the power of capital, is the Global Campaign to Dismantle Corporate Power. The Global Campaign – a network of organisations, movements and people affected by TNCs – has mobilized itself massively to take part in the process of drafting an international treaty to regulate the activities of TNCs and hold them accountable for human rights violations and environmental destruction. This process has been taking place at the United Nations (UN) and we have already written about it in various occasions.1

At this point, what is worth noting is that, at the last negotiating session over the text of this binding instrument, in October 2019, the African region has established itself even more sturdily as a driving force in this process. In addition to expressing itself as a regional union in support of the treaty (the declaration of the region was read by Angola, which chairs the African group this year), numerous African States have individually contributed with concrete and substantial proposals to improve the treaty and strengthen the instrument.

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For all the reasons explained above and many more, the African continent should be more than keen to push for a normative instrument such as this, aimed at ending the impunity of TNCs. One thing is certain, the message that African countries have been reverberating year after year at the UN in Geneva is clear: this binding international instrument must address the enormous asymmetries of power between TNCs and the people affected by their activities. In order for the materialization of this process to meet the needs of Southern countries – those most affected by corporate impunity – it is crucial that these countries take the reins of this intergovernmental process in order to establish the necessary legislation and mechanisms to reverse the current scenario, and that they do so in close cooperation with civil society and the populations affected by corporate crimes. In this last session, perhaps even more so than in previous ones, several African countries showed they were up to the task and willing to face the challenge.

Are the so-called developed countries prepared to provide the “foreign aid” that Africa really needs, and to punish their corporations for human rights violations worldwide?

Denunciation of Violence Against Activists

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On Monday, 7 October 2019, Anastácio Matável, Executive Director of the Gaza Province NGO Forum – FONGA, lost his life in the city of Xai-Xai, a victim of murder.

Anastácio Matável, who was also a member and focal point of the joint electoral observation platform “Sala da Paz”, was shot point-blank 10 times as he emerged from an election observation training in which he had given the opening address. Matavel was shot around 11 am and succumbed to his injuries two hours later at Gaza Provincial Hospital.

Matavel was committed to activism, and he advocated for environmental causes and biodiversity conservation for over two decades, striving equally for social justice and the protection and defense of the rights of local communities. That’s how, since 2011, Justiça Ambiental has been cooperating and working with him in close partnership in various cases of environmental and social injustice, especially the fight against the usurpation of community land (land grabbing) in Xai-xai by the Chinese rice production company, WAMBAO.

All of this has happened 8 days before the presidential elections to be held all over the country on the 15th of October. The campaigning for these elections have been marked by violence in all parts of the country, and particularly in Gaza province, where opposition parties have suffered aggression at the hands of the members of the ruling party. It is believed that this will be the most violent election campaign in the history of Mozambique. It should be recalled that Gaza province stood out for its manipulation of the voter registration process, which led to confusion between the CNE and INE, Mozambican election agencies, and there was lack of compliance with the number of registered voters and potential voters entitled to vote on October 15th.

Based on previous experiences of similar murder cases, Mozambican society does not doubt that Anastácio Matavel was murdered by the death squads, which for some years have been claiming the lives of people who oppose or criticize the regime’s performance. Death squads are believed to act under the regime’s orders to safeguard the interests of the ruling party as a way of intimidating and / or removing people who in one way or another try to rouse the people about environmental issues, human rights and bad governance in the country.

Unlike other cases, this time the killers were identified after being involved in a violent car accident in which two of them lost their lives on the scene, one was hospitalized and another is being held in police cells in Gaza. At the same time as the accident took place, a fifth member of the group managed to escape and so far is in an uncertain place. The police would later confirm that four of the alleged killers are in fact members of the police assigned to the Special Operations Group.

Justiça Ambiental wants through this press release to show solidarity with the family and colleagues of our fellow activist Anastácio Matavel, as well as vehemently denounce this barbaric act that took his life. Likewise, we denounce all forms of violence against activists, journalists, academics, political parties and all citizens in general, as no one has the right to violate or take another person’s life. We also denounce the violent acts that have been characterizing this election campaign at all levels.


It is important to remember that these are not the first cases of violence, attacks and murders of anyone who thinks differently from the regime and freely expresses his/her opinion, as this has been characteristic in the country in the past years, especially in election years, as we could testify it around the period of the 2014 elections.

It is not enough just to dismiss some “police chiefs” and set up alleged committees of inquiry, which never give us plausible and credible answers and explanations.

We demand that these crimes are clarified, including their motivations, as well as that those responsible are brought to court and punished for their acts.

The Mozambican people need to feel free and secure and that we are really live in a state governed by the democratic rule of law.

“n the aftermath of our last general elections in 2014, JA!, along with other organizations, raised serious concerns about the irregularities in the election process, you can see our blog from 2014 here describing the irregularities. But now in this elections, activists are being killed even before the elections take place, the undermining of democracy is getting scary!”

JA! speaks truth to TNC’s in Europe!

Lobby tour participants and organisers FoE Spain in Madrid

 

Over the past few weeks, JA! took part in a lobby tour organised in Europe, by Friends of the Earth Europe, where we met with current partners, made new allies, shared our anti-gas struggle and confronted the companies and banks who make up the liquid natural gas industry in northern Mozambique. This tour was imperative for the campaign, because so many of the companies and banks involved in the industry are based in Europe.

Lobby tour participants outside the EU Brussels

The tour, which went through Rome, Madrid, Amsterdam, Paris and Brussels, was aimed at creating awareness about our struggle against the gas industry in Mozambique and demonstrating the critical need for a Binding Treaty on Human Rights and Transnational Corporations (TNCs) at the United Nations. Currently, there is no accountability mechanism at the UN, only guiding principles which companies do not abide by, as they see them as an impediment to their greed and profit.

 

Our partners had arranged for JA!, along with activists from the DRC and the Phillipines to meet with current and new partners and allies, as well as industry players and state authorities.
Panel discussion with lobby tour participants and parliamentarians in the Hague2

Our confrontations with the industry were often met with blatant hostility, when we tried to hold them accountable for their actions, and when we raised questions they didn’t like. We attended four annual general meetings (AGM’s), those of Shell, Natixis, Eni and Total.

Intervention at natixis AGM

Natixis, the French bank which arranged for the entrance of three major French banks to finance the Coral LNG Project1, was so hostile at their AGM that when JA! attempted to ask a question about their negligence and ineptness in the project, they turned off the microphone and refused to answer the question. Shareholders were shouting “go home!” as JA! and partner organisations walked out of the meeting.

 

At the Shell AGM in Amsterdam, we were part of a large contingent of civil society organisations, mostly Dutch but also some European. Shell has a sale and purchase agreement (SPA) with Mozambique LNG to buy 2 million tonnes of gas per year for 13 years.

 

JA! and an organisation from Nigeria were the only attendees from the global South. The response to our questions was, as expected, vague, but our voice had been heard and carried in the Dutch media. Shell had little respect for activists – when the Nigerian activist raised the impacts that Anadarko’s project was having on their community in the Niger Delta, the Charles Holliday, Shell’s Chairman, responded that he should approach the ‘helpdesk’ in the foyer for assistance.

Interview with online news outlet madrid2

The third AGM we attended was that of Total in Paris, which is the new owner of the Mozambique LNG Project2, since May when it purchased Anadarko’s Africa assets. Anadarko, however, is still operating the project, and plan to hand over the lead to Total at the end of the year. After Greenpeace disrupted the AGM last year, there was a large police presence, and for some reason that was not properly explained to us, even though dozens of activists had arranged for access to the AGM, only JA! and an activist from Greenpeace were allowed into the plenary. JA!’s question was met with a dismissive answer, with Total evading responsibility for the impacts of the gas industry on the ground, claiming that responsibility lies with Anadarko.

 

This was a theme that came up in all AGM’s that we attended, including the fourth one, that of Italian company Eni, in Rome. Eni, along with ExxonMobil has the biggest stake in operating the Coral South LNG Project in Mozambique. We found that all the companies that we confronted, including during the one-on-one meetings we had with industry financiers BNP Paribas and BPI (French Public Investment Bank) put all the blame for the impacts on Anadarko. When we pushed them for answers, it became clear that none of these companies had even looked at the Environmental Impact Assessment that Anadarko had made in 2014, and yet were blaming them for all the climate injustices that were taking place. They are conveniently ignorant.

 

JA!’s partners had arranged for us to hold meetings with several authoritative bodies, including Michel Forst, UN Rapporteur on HRD; French parliamentarians from the working group on human rights and TNC’s; the deputy director of the Dutch Ministry of Foreign Affairs; a parliamentarian from political party ally in Spain, Unidas Podemos; Belgian parliamentarians, and party representatives at the European Union.

 

We also met with other organisations, including Oxfam, Amnesty International, Food First Information and Action Network (FIAN), the Centre for Research on Multinational Corporations (SOMO) and Action Aid.

 

In each country we spoke at events, to full houses of activists, journalists and the general public, some meetings of over 100 people. Our partners organising the tour had built a media campaign around our visit. Here are links to some of the articles about our struggle in European media and blogs:

 

Publico (Spain)

 

Les Echos (France)

 

Basta (France)

 

Observatories de Multinationales

 

L’Humanite (France)

 

Banktrack

 

Foe Scotland

 

It was great to see the amount of interest in our campaign, once people were made aware of the issue, and on the flipside, frightening to see how little attention the industry had been given in European media. But we believe that this tour has taken us several steps forward in the following ways:

  •  We have made many new partners and allies in the campaign throughout Europe, strengthening our coalition
  • We have shared the campaign with people working on or interested in the issue of fossil fuels and climate justice, including activists, journalists, academics and students.
  • We have directly questioned industry players one on one, from which we received some crucial information
  • We raised the issue in large industry public platforms, AGM’s, leading to attention on written and social media, and making shareholders aware
  • We have brought the issue to the radar of high level individuals on an EU level, and on the level of political parties, parliament and ministries

Now that we have strengthened the foundation of the Campaign in Europe, we must continue to push for answers and accountability. Push for activists in Europe to take their power as European citizens to hold their companies to account, and push them to force their governments, at national and EU level, to take responsibility for those corporations from whom they receive their tax.

1 Area 4 is operated by MRV, a joint venture company comprising ExxonMobil, Eni and CNPC, which holds a 70% interest in the concession for prospection and production in that area. Galp, KOGAS and Empresa Nacional de Hidrocarbonetos de Moçambique each hold 10% interest. ExxonMobil will lead the construction and operation of liquefied natural gas production facilities and related infrastructure on behalf of MRV, and Eni will lead the construction and operation of upstream infrastructure, extracting gas from offshore deposits and piping it to the plant.

2 The Area 1 block is operated by Anadarko Mozambique Area 1, Ltd, a wholly-owned subsidiary of the Anadarko Petroleum group, with a 26.5% stake, ENH Rovuma Area One, a subsidiary of state-owned Empresa Nacional de Hidrocarbonetos, with 15%, Mitsui E&P Mozambique Area1 Ltd.(20%), ONGC Videsh Ltd. (10%), Beas Rovuma Energy Mozambique Limited (10%), BPRL Ventures Mozambique BV (10%), and PTTEP Mozambique Area 1 Limited (8.5%).

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